Visa Waiver

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Raist01

Registered Users (C)
just needing a clarification on something i read earlier. Is it true that someone who enters the US on a Visa Waiver are not permitted to change there status? even through marriage?
I understand they are suspicious on someones intent if they arrive on a visa waiver and then get married, but in my example i came from a beautiful place in Australia to the middle of nowhere in Ohio.I came to visit a friend, not to get married, but i met someone and we did get married. How is it that this is a problem? its not like im moving from a 3rd world country or anything.
Your thoughts?
 
Hi,

I cannot answer your question but I can give you a clarification on what you said in your post.

American immigration law is applicable to all aliens, irrespective of whether they are from a third world country or otherwise, uniformly. So be rest assured that you are no different because you have come from a beautiful place in Australia.

Best bet for you would be to consult a good immigration attorney for help.

Good Luck and congratulations on your marriage!
 
yeah i understand

i understand that. i wasnt expecting any preferencial treatment or anything. i just know that there can be suspicions from the BCIS as to whether i was planning to marry before i got here and was wondering if because im from a nice place it may help my case. It basically rules out that i came here for a better life and just got married for that which is not true. i didnt plan on getting married when i got here and im concerned the BCIS will think this is a sham marriage.
 
i agree with sachdev's advice, you really ought to talk to an immigration attorney to get the real low-down on applicable laws and regulations about changes to visa status.

once your application is underway, you will find that the s.o.p. (standard operating procedure) in adjudicating marriage-based immigration cases is geared towards determining the validity of the marriage. it usually consists of an interview or several interviews, of both the spouses together and separately. they pull all tricks out of their bag: trick questions, feigned skepticism, sometimes overt hostility to try and break somebody down (i guess there are human beings who don't mind doing this sort of thing for a vocation). there is also anecdotal evidence of neighbors of the newlyweds being approached by agents to get their estimation of the quantum of wedded bliss (or lack thereof) observed, (doubtless involving field offices and communities where the good folk just have too much time).

to cut a long story short, the two of you will have to present evidence of affection, cohabitation, and of your intentions of continuing to love, honor and obey... sounds almost clinical and cynical, but that's to be expected when one attempts to quantify humanness.

the good news: genuine cases do win out. the above was not meant to discourage you at all. just so you know what might be in store.

many wishes for a happy future together!
 
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Thanks guys. Truly i would like to get a lawyer but i dont have the money for one. As for the interviews and them almost harrassing us to prove it thats fine. I mean the marriage is legitamite and we love each other very much. We obviously live together and everything and there arent any real questions in interviews that could screw us coz we can just tell the truth. Seems ridiculous in a way, Ive known my wife for 3 years now (2 before i moved here) and we have been married and together almost a year.
Any advice i appreciate so thanks alot everyone.
 
My feeling is that you would have to leave the US before the I-94W expiration and reenter on a K visa obtained at a US embassy abroad. Folks who enter on visa-waiver cannot change to any other status while in the US.

There is a provision now for US citizens to bring their spouses on a special K visa and once, here they can apply for I-485 (change of status).
 
i called

i thought that aswell but i called the BCIS shortly after i got married and explained the whole situation. I stated i came here on a visa waiver, that i originally didnt have any intention of getting married but now i have and my visa waiver date for leaving was approaching and what should i do.
They just told me to get the forms needed (i-485 etc) and file them ASAP. I said i would have to send for all my personaly documents too as i didnt bring them with me (birth certificate etc) and it will take time. They said theres a grace period to get the forms together and its ok, just do it as soon as i can (i sent them off a week ago now) They never said anything about the fact that i came on a visa waiver. And ive called back since and spoken to others at BCIS and they said everything was fine just get the forms in.
 
You can get married and adjust whilst coming on the visa waiver. It isn't the right way to do it, the K1 fiancee visa is, but you can still do it. You just have a burden on you to prove you didn't come just to get married and thus comit visa fraud.
 
cool, thanks

yep thats cool i understand that. i know K-1 in the right way to do it but i truthfully didnt come here to get married.
I know i'll have to prove it, and im pretty sure i can.
Just wondering if anyone had any advice if they had gone through anything similar?
 
Generally, if you got married 60 days after entering, you're ok. It is if you came here and got married within a week or a month.

Many people have got married whilst on a visa waiver. I came on a K1 and am still waiting for months after approval to hear something, so there can be problems all around :) You don't need a lawyer really either, just get the paperwork and file as soon as possible for adjustment.
 
Cool

Thanks heaps for the clarification Sharon. I knew it was gonna be tricky but i didnt realise how badly. Ive heard nothing but negative comments and thought there was no way im gonna be allowed to stay. I have sent off all my paperwork to Cleveland ( 5 weeks ago now and no response) Heck im even the soccer coach of a local soccer team just to do something instead of sitting around waiting and worrying.
Thinking of dates now it was 65 days after i arrived that we got married, and we both have letters from each other from the past 2 years before that to show we hadnt just met. We were very close but i never thought to get married, but once i got here it seemed the most natural thing to do.We both certainly didnt want me flying back to Australia and waiting and saving money all over again just so i can come back and see her another time.Lifes too short.
Im glad to hear there may be some light at the end of the tunnel :)
 
No problem. But, what is an Australian doing coaching football? I am from England :) I guess I shouldn't say anything with England's run of cricket problems, eh? *grins*

Good luck!
 
hahahaha

Well im English born, moved to Australia when i was very young. Parents are still very English tho and huge Gunners fans!!
 
Sharon

I just checked that link too. thats awesome, very reassuring. I know its still not gonna be easy but at least i know now its not impossible. Your the best Sharon, thanks again.
England Forever!!!!!:D
 
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